Mayflower District Court
#in-re-operatortaxi
This is the start of #in-re-operatortaxi channel.
acerxtro 2024-10-16 09:27 p.m. CASE INFORMATION**
IN THE MAYFLOWER DISTRICT COURT FOR CLARK COUNTY
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In re v. nexuvz
Trial Type: Contempt Hearing
Judge Assigned: Judge acerxtro - Courtroom 107
Complaint Link: Attached Below
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UPCOMING COURT DATES
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Contemnor -- Oper...
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Contemnor -- Oper...
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Contempt Hearingacerxtro 2024-10-16 09:27 p.m.
acerxtro 2024-10-16 09:28 p.m.@impactiii @taxi
Both of you have been added.
Both of you have been added.
acerxtro 2024-10-16 09:29 p.m.
Contemnor, let me know within 24 hours if you will be having an attorney appear with you or not.
acerxtro 2024-10-16 09:29 p.m.
I would ideally like to have this case completed within 3 days time.
acerxtro
impactiii 2024-10-16 10:11 p.m.
If this is for a criminal contempt proceeding then you need to appoint an impartial prosecutor
impactiii 2024-10-16 10:11 p.m.
But if this is a show cause hearing for the civil contempt
impactiii 2024-10-16 10:11 p.m.
Then I can proceed whenever
impactiiiIf this is for a criminal contempt proceeding then you need to appoint an impartial prosecutor
acerxtro 2024-10-16 10:27 p.m.
Do you have any suggestions
acerxtroDo you have any suggestions
impactiii 2024-10-16 10:31 p.m.
Well I asked for civil contempt so it’d just a show cause evidentiary hearing
impactiii 2024-10-16 10:32 p.m.
There’s no real format but I’d go first to present my case
impactiiiWell I asked for civil contempt so it’d just a show cause evidentiary hearing
acerxtro 2024-10-16 10:32 p.m.
What would you be seeking(edited)
acerxtroWhat would you be seeking(edited)
acerxtro 2024-10-16 10:33 p.m.@impactiii
acerxtroWhat would you be seeking(edited)
impactiii 2024-10-16 10:45 p.m.
The Defendant respectfully requests:
(1)A finding of civil contempt against State Attorney OperatorTaxi for this willful noncompliance with the Court’s Brady Order by withholding evidence in bad faith;
(2)The imposition of punitive monetary sanctions in the amount of $5,000 on State Attorney OperatorTaxi to deter future bad faith noncompliance with court orders, as authorized under the Court’s inherent powers;
(3)A warning from the Court that any future willful noncompliance with its orders or misconduct by the State will result in the dismissal of charges with prejudice; and
(4)Any other relief the Court deems just and proper to ensure the State's full compliance with its Brady obligations going forward.
Special Finding : If the Court finds that State Attorney OperatorTaxi's conduct in this hearing was particularly egregious and prejudicial to the Defendant, the Defendant respectfully requests that the Court dismiss the information in its entirety under the Court’s inherent authority to sanction bad faith misconduct via dismissal of an information, as established in Bank of Nova Scotia v. United States , 487 U.S. 250 (1988), and United States v. Williams , 504 U.S. 36 (1992).
(1)
(2)
(3)
(4)
impactiiiThe Defendant respectfully requests: (1) A finding of civil contempt against State Attorney OperatorTaxi for this willful noncompliance with the Court’s Brady Order by withhold...
acerxtro 2024-10-16 11:57 p.m.
I did offer a 24h extension to the condemnor, which was taken.
https://discord.com/channels/1274202187911790632/1287966653564583946/1296124768445005959
https://discord.com/channels/1274202187911790632/1287966653564583946/1296124768445005959
acerxtroI did offer a 24h extension to the condemnor, which was taken. https://discord.com/channels/1274202187911790632/1287966653564583946/1296124768445005959
impactiii 2024-10-16 11:58 p.m.
That was the second 24 hour extension
impactiii 2024-10-16 11:58 p.m.
He shouldn’t even been given that
acerxtro 2024-10-16 11:58 p.m.
No, that was the first.
acerxtro 2024-10-16 11:58 p.m.
This was the initial deadline.
https://discord.com/channels/1274202187911790632/1287966653564583946/1295498714390990859
https://discord.com/channels/1274202187911790632/1287966653564583946/1295498714390990859
acerxtroThis was the initial deadline. https://discord.com/channels/1274202187911790632/1287966653564583946/1295498714390990859
impactiii 2024-10-17 12:10 a.m.
Also by the way the deadline doesn’t really matter. I brought up the fact that I needed him to give me the records multiple times. He was under affirmative duty—he knew this too and made it clear that he understood. He was very much aware of the existing Brady Order and what it entailed he would have to disclose. He also knew that his duty to disclose was “ongoing” and, even if I didn’t ask for it, he would have to disclose all impeachment evidence of the witness to me; despite that, he ignored me several times, told me to shut the fuck up, and here we are now. The deadline doesn’t matter—he was being compelled by a court order.
He also knew about the fact that his witness, Notjedi0625, was a “crime alt” (meaning it had a criminal record—as has been shown too) way before I did. He knew it had records then and now and didn’t disclose any of them untilnow after all this mess that he created.
You and I are very familiar with the record in this case. And so is he.
The relevant case law here supports sanctions for failure to adhere to the Brady Order. To escape a Brady sanction, disclosure "must be made at a time when the disclosure would be of value to the accused."United States v. Davenport , 753 F.2d 1460, 1462 (9th Cir. 1985) (collecting cases). Disclosing evidence to me the day that the pretrial window closed was absolutely intentional and he knew what he was doing—he kept trying to me to gather his impeachment evidence that *he was compelled and had a duty to disclose on my own. Nonetheless, his intent doesn’t even matter because civil contempt doesn’t take intent into account when someone defies a court order—like the State Attorney did here. See Broderick v. Donaldson , 437 F.3d 1226, 1234 (D.C. Cir. 2006).
If he’s allowed to get away with this with nothing happening, then it’s just gonna keep happening. Not just in this case but in others too.
He also knew about the fact that his witness, Notjedi0625, was a “crime alt” (meaning it had a criminal record—as has been shown too) way before I did. He knew it had records then and now and didn’t disclose any of them until
You and I are very familiar with the record in this case. And so is he.
The relevant case law here supports sanctions for failure to adhere to the Brady Order. To escape a Brady sanction, disclosure "must be made at a time when the disclosure would be of value to the accused."
If he’s allowed to get away with this with nothing happening, then it’s just gonna keep happening. Not just in this case but in others too.
impactiiiAlso by the way the deadline doesn’t really matter. I brought up the fact that I needed him to give me the records multiple times. He was under affirmative duty—he knew this too an...
impactiii 2024-10-17 12:11 a.m.
“[I]t was reasonable for [defendant's counsel] to consult the government in order to obtain [witness] arrest record and it was reasonable for him to rely on that information when he knew that the government is under an affirmative [ ] duty [to] reveal such information.” U.S. v. Duke , 50 F.3d 571, 578 (8th Cir. 1995)
“We strongly condemn the government's haphazard approach to its own trial preparation and to its duty to serve and facilitate the truth-finding function of the courts.”U.S. v. Duke , 50 F.3d 571, 578 n.4 (8th Cir. 1995); see also United States v. Bernal-Obeso , 989 F.2d 331, 333-34 (9th Cir. 1993) ("A prosecutor who does not appreciate the perils of using rewarded criminals as witnesses risks compromising the truth-seeking mission of our criminal justice system. Because the government decides whether and when to use such witnesses, and what, if anything to give them for their service, the government stands uniquely positioned to guard against perfidy. By its actions, the government can either contribute to or eliminate the problem.")
“We strongly condemn the government's haphazard approach to its own trial preparation and to its duty to serve and facilitate the truth-finding function of the courts.”
impactiiiThe Defendant respectfully requests: (1) A finding of civil contempt against State Attorney OperatorTaxi for this willful noncompliance with the Court’s Brady Order by withhold...
impactiii 2024-10-17 12:11 a.m.
And like I said here, I think the special finding is more than warranted
impactiii 2024-10-17 12:12 a.m.
I’m being nice only asking for contempt—but it’s well within your right to dismiss this case and sanction the State’s conduct by doing so if you see fit. It’s not an extraordinary remedy and it’s been done before
@acerxtro
impactiii 2024-10-17 12:12 a.m.
Matter of fact I think that’s exactly what you should do
impactiii 2024-10-17 12:13 a.m.
But I digress
acerxtro 2024-10-17 12:13 a.m.
If the problem is with the disclosure being done today (the day the pretrial window closed), I can just extend pretrial to allow you ample time.
acerxtro 2024-10-17 12:13 a.m.
Of course, the prosecution will be sanctioned for such delays.
acerxtroOf course, the prosecution will be sanctioned for such delays.
impactiii 2024-10-17 12:13 a.m.
In accordance with our asks?
impactiii 2024-10-17 12:13 a.m.
All 4 points?
impactiii 2024-10-17 12:13 a.m.
Minus the special finding
acerxtro 2024-10-17 12:13 a.m.
We will see what the condemnor has to say.
acerxtro 2024-10-17 12:13 a.m.
I will allow him due process.
acerxtro 2024-10-17 12:14 a.m.
Or at least some form of it.
impactiii 2024-10-17 12:14 a.m.
Also, don’t forget about those two MTDs
impactiiiAlso, don’t forget about those two MTDs
acerxtro 2024-10-17 12:15 a.m.
The court is not a ruling manufacturing machine. You have sent in 6 motions this week, nearly 1 every single day. You will wait for the court to deliberate and decide on a ruling for each.
acerxtroThe court is not a ruling manufacturing machine. You have sent in 6 motions this week, nearly 1 every single day. You will wait for the court to deliberate and decide on a ruling f...
impactiii 2024-10-17 12:36 a.m.
impactiiiIf this is for a criminal contempt proceeding then you need to appoint an impartial prosecutor
acerxtro 2024-10-17 12:36 a.m.
I am also not doing this
acerxtro 2024-10-17 12:36 a.m.
I could easily just issue summary contempt to the condemnor
acerxtro 2024-10-17 12:36 a.m.
but I am not heartless
taxi 2024-10-17 02:34 a.m.
Hi
taxi 2024-10-17 11:01 a.m.@acerxtro
taxiimpactiii 2024-10-17 11:33 a.m.
I think he wants you to explain yourself
impactiiiI think he wants you to explain yourself
acerxtro 2024-10-17 01:02 p.m.
This will be done sometime this weekend.
impactiii 2024-10-17 01:12 p.m.
The standard for him is the extremely strict excusable neglect
impactiii 2024-10-17 01:12 p.m.
I hope he can meet it
acerxtro 2024-10-19 12:33 p.m.@taxi Are you available today
taxi 2024-10-19 12:49 p.m.@acerxtro yeah
taxiacerxtro 2024-10-19 12:56 p.m.
When
taxi 2024-10-19 12:57 p.m.
Uhhh
taxi 2024-10-19 12:57 p.m.
3 hours?
taxi3 hours?
acerxtro 2024-10-19 12:59 p.m.
Works for me.
taxi 2024-10-19 03:52 p.m.@acerxtro
acerxtro 2024-10-19 04:15 p.m.@taxi Available?
acerxtrotaxi 2024-10-19 04:41 p.m.
yea
acerxtro 2024-10-20 12:44 p.m.@taxi
taxi 2024-10-20 03:53 p.m.@acerxtro hi
taxiacerxtro 2024-10-20 03:53 p.m.
Hello can you join game
taxi 2024-10-20 03:53 p.m.
yeah
taxi 2024-10-20 03:54 p.m.
idk where to go tho
acerxtro 2024-10-20 03:54 p.m.
I will have deputies pick you up
acerxtro 2024-10-20 03:54 p.m.
because I don't know where to go either
acerxtro 2024-10-20 03:54 p.m.@taxi 
acerxtro 2024-10-20 03:54 p.m.
Let me know where you spawn
taxi 2024-10-20 03:57 p.m.@acerxtro Mersea bank
taxiacerxtro 2024-10-20 03:57 p.m.
Ok
taxi 2024-10-20 03:59 p.m.
am i supposed to be cuffed
taxiam i supposed to be cuffed
acerxtro 2024-10-20 04:01 p.m.
technically yes
acerxtro 2024-10-20 04:04 p.m.@impactiii Do you wish to appear for this hearing(edited)
acerxtro 2024-10-20 04:11 p.m.
taxi 2024-10-20 04:24 p.m.
As ordered by the honourable judge @acerxtro .
I hereby make an apology to this court for violating it's rules and I shall endeavour to comply by them to the letter next time I do anything related to the courts.
Thank you, God bless.
I hereby make an apology to this court for violating it's rules and I shall endeavour to comply by them to the letter next time I do anything related to the courts.
Thank you, God bless.
taxi 2024-10-20 04:24 p.m.@acerxtro @impactiii
taxiAs ordered by the honourable judge @acerxtro . I hereby make an apology to this court for violating it's rules and I shall endeavour to comply by them to the letter nex...
acerxtro 2024-10-20 04:25 p.m.
You have been exonerated of all charges by the court.
impactiii 2024-10-20 04:25 p.m.
you made him apologize
impactiii 2024-10-20 04:25 p.m.
im done bro
impactiii 2024-10-20 04:25 p.m.
impactiii 2024-10-20 04:25 p.m.
im actually writing up the judicial conduct complaint im ngl
acerxtro 2024-10-20 04:25 p.m.
Apologize to the defense attorney as well @taxi
acerxtro 2024-10-20 04:26 p.m.
Then I will archive this case
taxi 2024-10-20 04:26 p.m.@impactiii sorry
acerxtro 2024-10-20 04:26 p.m.
More genuine @taxi
taxi 2024-10-20 04:27 p.m.@impactiii I apologise for insulting you on numerous occasions and hope we can move forward in a more civilised manner.
acerxtro 2024-10-20 04:28 p.m.
Condemnor cleared of contempt charges following the letters of apology to both the court & defense.
Exported 82 messages